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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hi Any guidance is appreciated. Im wondering what I

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Hi

Any guidance is appreciated.

I'm wondering what I would need to do from a legal and immigration perspective if I wanted my sister's 8 year old son to live with me in the UK?

He currently lives in Canada with his mother (my sister) and his stepfather. My sister has some health issues she is working through so it would be better for all parties for him to stay with me. Unsure of what the situation will be with my sister so it could be anywhere from 1-12 months.

I am a Canadian citizen who has been in the UK 14 years with idefinite leave to remain.) My wife is British and we are stable financially and settled here.

Initially we are talking about him just coming for a short visit but want to understand what would be required if we wanted it to be longer.

Thanks

Chris
An application can be made for an Unaccompanied Child Visitor but this would usually be for a maximum of 6 months:

http://bia.homeoffice.gov.uk/visas-immigration/visiting/child/requirements/

The child can study during this period. It would clearly be important that you demonstrate the relationship, your ability to provide sufficient financial support (there can be costs for school, etc) and that both parents are willing to allow this and the reasons for it happening. You might also want to explain why this cannot happen with a relative in Canada.

If the child would be at a private school and it is anticipated that longer than 6 months are required then you might be able to look into a Child Student Visa (Tier 4):

http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/child-students/

There also MIGHT be grounds to attempt an application for Indefinite Leave to Enter. Look at paragraph 197(f):

http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/child-students/

You would need extremely compelling grounds and it could be a rather long shot. It really would depend on the reasons for this being necessary and for nobody being available in Canada to assist.
Howard and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
As my wife is British are there no other options open with her as the sponsor?
The family relationship is really between you and the child. There is also little difference in these applications between the child coming to be with a UK citizen or a person who is settled in the UK (you).
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